Discrimination Against Aboriginals in Western Australia

BOX E 280 G.P O. CANBERRA. A C T 2600 (062) 47 0633 DISCRIMINATION AGAINST ABORIGINALS IN WESTERN AUSTRALIA A Report by the Commissioner for Community Relations on complaints of racial discrimination and enquiries under the Racial Discrimination Act 1975 for the period 31 October 1975 to 9 October 1981. Community Relations Paper No. 18 October 1981 II Discrimination against Aboriginals in Western Australia 3 The Western Australian Government 7 Elections 10 Land 12 Police 16 Law 18 Government Departments 18 Hotels 20 Media 22 Recreation 23 Accommodation 23 Transport and Services 24 Health 25 Employment 25 Community 26 Consultative Committees on Community Relations 27 Conclusion 29 Appendixes Map of Western Australia showing enquiries and visits by town or centre 31 Towns from which complaints received 32 Towns visited by officers for the purpose of enquiry 33 Schedule of complaints and outcomes 35 DISCRIMINATION AGAINST ABORIGINALS IN WESTERN AUSTRALIA The Racial Discrimination Act 1 975 came into operation on 31 October 1975 and since then the Commissioner for Community Relations has received 109 complaints of racial discrimination against Aboriginal people in Western Australia. This paper details those complaints and the outcome of the Com- missioner's actions. Of the 109 complaints received 87 have been concluded. They involve 118 complainants, 194 specifically mentioned aggrieved parties and 112 respondents. These figures exclude numbers involved when entire Aboriginal com- munities joined as aggrieved parties in various complaints. In these cases, several hundred people were involved. Complaints came from 35 towns from all over Western Australia. Of these 35 towns, 11 were visited by officers on field trips to investigate and settle complaints. The complaints demonstrate that racial discrimination is widespread throughout Western Australia and that the rights of Aboriginal people are infringed in practically all aspects of their daily lives. Public facilities and public services are often denied Aboriginal people. The purpose of this paper is to present the factual picture of racial discrimination against Aboriginals in Western Australia as shown in complaints I have received. From this, a general picture of the position of Aborigines can be drawn. My officers and myself have travelled to a number of centres and have dealt with complaints in many of these. We have observed at first hand, discrimination in the community and have been confronted with racial prejudice and racial discrimination. Overall experience has shown that wherever there is a significant Aboriginal presence then racial discrimination is almost inevitable. METHODS The following methods were employed in dealing with complaints: — by telephone from Canberra — were referred to and handled by Consultative Committees on Com- munity Relations — by other organisations and individuals assisting the Commissioner — by correspondence from the Commissioner —were handled on the spot by officers during field trips. Consultative Committees on Community Relations and people of goodwill have greatly assisted and always participated in cases within their town and district. The Committees achieved settlement in 20 cases referred to them by the Commissioner. Many matters have been received and dealt with directly by Consultative Committees themselves. 3 In 50 cases correspondence was sufficient to effect a resolution of the complaints following contact with complainants, respondents and people in the community. Field work is essential to combat racial prejudice and racial discrimination. It is the most effective single means of educating the community and for settling complaints of racial discrimination. Field work is undertaken whenever possible. Inadequate resources available to Commissioner for Community Relations has limited the amount of field work undertaken in the past six years in Western Australia. Of the complaints dealt with by officers on field trips, 7 were resolved by compulsory conferences between the parties involved. In all, 77complaints were brought to conclusion by the direct intervention of the Office. A further 10 cases were pursued by the Office but it was found at some stage in the proceedings that the complainants did not desire to pursue the matter further or had solved the problem by other means. THE NATURE OF COMPLAINTS Complaints of racial discrimination received against Aboriginal people can be divided into several main areas. They are: — Western Australian Government —Elections — Land —Police — Law — Government Departments —Hotels —Media — Recreation — Accommodation — Transport and Services —Health — Employment — Community BASIS OF SETTLEMENT Complaints set out four main bases of settlement: — cash damages — written apology — oral apology — visits by officers to validate complaints and to demonstrate that racial discrimination is unacceptable. 4 Of these four groups, by far the most common was the desire of complainants to have investigations carried out to validate the complaints and demonstrate that such conduct is unacceptable under the law. SETTLEMENT ACHIEVED As the schedule of complaints shows, apologies and assurances were obtained on behalf of aggrieved parties. In one case respondents paid cash damages of $1,000 to an entire Aboriginal community which sought some tangible form of apology. Many Aboriginals find even the conciliation process unsatisfactory as a form of redress for the humiliation and loss of dignity suffered as a result of racial discrimination. There is resentment that under the Racial Discrimination Act 1975 the burden of seeking relief from discrimination and oppression always lies ultimately with the victim who is often the least equipped to face his oppressors or to cope with courts if conciliation fails. I have recommended that consideration be given to strengthen the Act by making it possible for a designated authority to carry the complaint if in the Commissioner's view the complainant is not able to pursue the matter on his or her own behalf. REALITIES OF SETTLEMENT The settlement in many cases reflects the lack of vindictiveness of Aboriginal complainants and their modest demands. There is no doubt that these attitudes arise from the lowly position of Aboriginals in our society. When the Racial Discrimination Act 1975 came into operation in 1975 it was the first tim e an avenue was available to the oppressed. Aboriginal complainants had little expectation of justice and the respondents, confronted with Aboriginals seeking even modest apologies and under- takings not to discriminate again, found it difficult in some cases to take the proceedings seriously and in other cases demonstrated arrogance, anger and resentment. Until the present time, Aboriginals, in association with the Commissioner for Community Relations, have been pioneering the recognition of basic rights. This has to be kept in mind in recognising that the settlements sought by Aboriginals often seem inadequate for the grave offence which they have suffered and which in the courts of law relating to whites would attract punitive remedies and monetary damages in many instances. Six years ago it was a revolutionary act to get a white man of power and aff- luence to say 'I'm sorry' to an Aboriginal even when he knew he had broken the law by discriminating against him. 5 Today there is a more widespread awareness among Aboriginal people of their rights and an inclination not to accept less than full measure of justice. It should be added that the success of conciliation in an individual case does not necessarily reflect success in improving race relations in the town, district or suburb. It is merely the first step of a necessary education program designed to create tolerance and understanding. COMPULSORY CONFERENCES Compulsory conferences under the Racial Discrimination Act 1 975 have been convened throughout Western Australia. Compulsory conferences bring complainants and respondents together and afford each a measure of protec- tion not available in informal conferences. They are an effective means for resolving complaints and bringing respondents, often for the first time, to the table with Aboriginal people. They are also a means of educating those with power that they are not above the law and that Aboriginal people have rights under the law for the first time in 200 years. CERTIFICATES If conciliation through compulsory conferences fails to settle a complaint, the aggrieved parties may take their complaints to court. This can only be done after the Commissioner for Community Relations has issued a certificate that the matter has not been settled. The Commissioner for Community Relations has not issued any certificates in Western Australia. COMMUNITY EDUCATION The process of complaint investigation and settlement is part of an overall community education program. The cases reported to the Commissioner for Community Relations arise out of general attitudinal discrimination present in the community at large. The integrated program of casework and community education involves all the opinion makers in the community both in organisations and as individuals. These community education programs have assumed a new priority with the rise of tension and outbreaks of violence associated with the denial of equal rights to Aboriginal people. In Western Australia it has not been possible to develop the educational aspect of complaint handling to the same extent as in the Eastern States, although some good work has been accomplished

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